Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services.3 min read. 1125(a), which provides: Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any container or containers for goods, a false designation or origin, or any false description or representation, including words or symbols tending falsely to describe or represent the same, and shall cause such goods to enter into commerce . If these individuals/businesses perform home improvements including, but not limited to, repairs, replacements, remodeling, installations, alterations, or improvements on private residences, these individuals/businesses are considered contractors under the law and must register and comply with the act. An Act providing for cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of . 40-12-102. and the Lantram Trademark Act were models for Pennsylvania's (UTPCPL)"). The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. Fox Rothschild LLP Attorneys at Law. . In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. Home improvement includes all of the following activities when they are done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500: No, the construction of a new home is not considered a home improvement under the law. Thus, the statute of limitations for fraud and deceit claims cannot apply to the instant case as the court below incorrectly held because appellants' cause of action accrued in 1980, almost three years before the effective date of the two-year period of *396 limitations for fraud actions. Want High Quality, Transparent, and Affordable Legal Services? . A home improvement retailer having a net worth of more than $50,000,000 or an employee of that retailer that does not perform home improvements. 45(a)(1). Section 517.5 - Application fees. The law only applies private residences which is defined as: single family dwellings; multifamily dwellings consisting of not more than two units; and single units located within any multifamily dwelling, including condominiums and cooperative units. If there are subcontractors that are going to be working on the project, and are known at the time the contract is executed, their names, addresses, and phone numbers should be included as well. Because the remedy of this statute is analogous to an action for revocation of acceptance under section 2608 of the Uniform Commercial Code, 13 P.C.S. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? In order to avoid confusion, the Act requires that the amount of the down payment and the cost of special order materials be listed separately. 1921(b). 5524(7) (two year limitation). [22] See supra notes 10-17 and accompanying text. Why must a home improvement contract contain the 3-day cancellation notice? [19] Id. Section 517.6 - Proof of registration. See also Pennsylvania Retailers Ass'n. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). Section 517.3 - Registration of contractors. Bob and I were truly confident you would put us on the right path. Hire the top business lawyers and save up to 60% on legal fees. any home improvement without first registering with the bureau, as provided for in this act. In fact, this state law also applies to construction done on swimming pools, porches, driveways, garages, patios, fences, and sheds. As we previously noted, the Unfair Trade Practices and Consumer Protection Law embraces actionable conduct which sounds in assumpsit as well as trespass and which parallel actions upon contracts as well as those arising in tort. *397 In Holley v. Coggin Pontiac, Inc., 43 N.C.App. The first major restriction of the Act is set out at Section 517.3, which provides that no person shall hold themself out as a contractor, nor shall a person perform any home improvement without first registering with the Bureau of Consumer Protection of the Office of the Pennsylvania Attorney General. HOA LAWS AND REGULATIONS. However, contractors must include their registration number in their advertisements, contracts, estimates and proposals. for those of another"). Click here to Register, Re-register, or Update, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days. No. The Act further provides that any violation of any of the provisions of the Act is deemed to be an Unfair Trade Practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Definitions As used in this act. The premises were previously owned by appellee. 76 (repealed by Act No. Yes: HICPA was amended on October 22, 2014, to allow contractors to offer time and materials contracts to Pennsylvania consumers, provided the contractor: Informs the consumer in writing that the time and materials contract will not exceed 10% above an initial cost estimate agreed to by the homeowner; and. Does someone who only does a few jobs a year need to register? [22] We are unable, therefore, to characterize all the multifarious claims that may be brought under the UTPCPL as "fraud" or "deceit." 106-1202(c); Idaho Code Ann. The enforcement of this law falls under the jurisdiction of the Consumer Protection Bureau of the Pennsylvania Attorney General's office. The Act at Section 517.8 also makes home improvement fraud a criminal offense, punishable as either a felony of the third degree or a misdemeanor of the first degree, depending upon the nature of the violation and the amount involved. Was this document helpful? 327, 546 P.2d 470 (1976). 724 (1972). Bait-and-switch practices: advertising without the intent of providing the advertising product or service, or not providing enough to supply expected demand, unless it is indicated that there is a limited supply, Promising a buyer referral compensation where the compensation is dependent on a future event, Soliciting telephone sales without stating the identity of the caller, the purpose of the call, and the nature of the promotion, Failing to adhere to the terms of a written guarantee given to the consumer, Catchall: any other deceptive or fraudulent act which is likely to confuse consumers. 6, 2511; Ga.Code Ann. The Act drastically alters the regulatory environment of the home . 260, 1, 73 P.S. Does the Home Improvement Consumer Protection Act affect the licensing or registration of home improvement contractors by counties, cities or towns? We agree for the reasons that follow. Such requirements include contractors' registering with Pennsylvania's Office of Attorney General, obtaining a registration number, and paying the necessary registration fees. On August 25, 1982, appellants filed a complaint alleging, inter alia, causes of action for breach of the implied warranty of merchantability, breach of contract, and fraudulent misrepresentation. Either the Pennsylvania Attorney General's office can pursue the issue, or the victim can file a civil claim. Accord Best v. Hammill Quinlan Realty Co., Inc., 18 D. & C.3d 31 (Wash. 1980). Section 517.7 - Home improvement contracts. 201-2(4)(ii) (confusion as to commercial source); id. Retail businesses are not required to register unless the retailer offers or performs home improvements, which includes performing installations themselves or subcontracting installation work to others who will perform the services. 42-110b; Del.Code tit. Act of December 17, 1968, No. The Home Improvement Consumer Protection Act only applies to work done in connection with a "private residence," which term includes a single family dwelling, a multifamily dwelling consisting of not more than two units, or any single unit located within any multifamily dwelling, including condominiums and co-op units. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping work (other than work performed under the Plant Pest Act), painting, doors and windows and waterproofing. 30, 36 (1986). 417, 404 A.2d 720 (1979) (Usury Statute). 50-624(g); Ky.Rev.Stat. Only the first 5 bills are included here. 800 East High StreetP.O. A non-refundable application fee of $50.00, payable to Commonwealth of Pennsylvania. You're all set! Those filing under the UTPCPL can be awarded the amount of monetary damages presented or $100, whichever is greater. (B) That the cost of the services to be performed under the time and materials provision may not exceed 10% above the dollar value indicated in the initial cost estimate. 53, 1978 Pa.Laws 202, 2). 34-5-10; Tex.Bus. What is the toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts? . 1125(a) (reproduced footnote 6, supra). Do contractors need to show their registration to their customers or display the registration in their business? Pa.R. 1982); Wilkinson v. Smith, 639 P.2d 768 (Wash.App. 201-3 (emphasis added). If the contract includes a time and materials provision: The Act applies to any person who owns and operates a home improvement business or who undertakes offers or agrees to perform any home improvement, including a subcontractor who has contracted with a home improvement retailer to provide home improvement services to the retailers customers. All rights reserved. [4] This principle is, of course, subject to the qualification that an amendment may not add a new cause of action on which a particular statute of limitations has run. C. Herbert O'HARA, Joseph F.X. Section 517.1 - Short title. How should I list the Bureau of Consumer Protection's phone number in my contracts? PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 201-1. 564, 568 (E.D.Pa. We agree, but base our conclusion on the more solid ground of the UTPCPL itself. The contract must set forth the entire agreement, including, among other things, the approximate start date and completion date, a complete description of the work to be performed, the total sales price due under the contract, and the amount of any down payment required plus any amount to be advanced for the purchase of special order materials. Five years pass, and the lender wants to collect his money. Limitation periods range from six months At the courts discretion, individuals can be awarded up to three times the amount of the economic loss sustained, or "treble." The law establishes a mandatory registration program for contractors who offer or perform home improvements in Pennsylvania. Statutes of limitations (time limits for filing your complaint) for civil lawsuits in Pennsylvania, including personal injury; false imprisonment; defamation; fraud; damage to personal property; professional malpractice; and trespassing. 75-1.1 et seq. The registration number must be included not only in the more obvious forms of advertising, such as television, radio, newspaper and billboard advertising, but also on letterhead, business cards and promotional materials such as clothing and pens. Plaintiffs would be uncertain as to which limitations period governed their UTPCPL claim until the court determined *395 whether their claim more closely resembled a tort action,[18] a contract action,[19] or an action under some other statute. HICPA's protections also extend to more than a person's residence. The term home improvement is broadly defined to include most repair, replacement, remodeling, demolition, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation and sandblasting work done in connection with land or a portion of land adjacent to a private residence, so long as the total cash price of all work agreed upon between the contractor and owner is more than $500.00. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. 170, 427 A.2d 730 (1981); Safeguard Inv. Home improvement contractors would be well advised to consult with counsel regarding their legal rights and prohibitions prior to the July 1st effective date of the new Act. The term home improvement also does not include the services of a an Agriculture Department-certified landscaper except to the extent that the services include any of the installations noted above. Pennsylvania Rule of Civil Procedure 1033 provides that "[a] party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party, or amend his pleading." ch. 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